4 ADMINISTRATIVE RULES

ORR # 2001-006

DEPARTMENT OF ENVIRONMENTAL QUALITY DRINKING WATER AND RADIOLOGICAL PROTECTION DIVISION

SUPPLYING WATER TO THE PUBLIC

Filed with the Secretary of State on May 22, 2002

These rules take effect 7 days after filing with the Secretary of State

(By authority conferred on the department of environmental quality by sections 5, 7, 14, and 19 of 1976 PA 399, MCL 325.1005, 325.1007, 325.1014, and 325.1019, and Executive Reorganization Order

No. 1996-1, MCL 330.3101)

R 325.10705, R 325.10710, R 325.10710a to R 325.10710d, R 325.10716, R 325.10717b, and

R 325.10734 of the Michigan Administrative Code are amended, and R 325.10736 and R325.10738 of the Code are rescinded, as follows:

PART 7. SURVEILLANCE, INSPECTION, AND MONITORING

R 325.10705 Collection and analysis of samples for coliform bacteria; community water systems.

Rule 705. (1) A supplier of water of a community water system shall collect samples of water to be analyzed for the presence of coliform bacteria at sites which are representative of water throughout the distribution system according to a written sample siting plan that is subject to department review and revision.

(2) The monitoring frequency for total coliforms for a community water system is based on the population served by the system as set forth in table 1 of this rule:

Table 1 Total Coliform Monitoring Frequency for Community Water Supplies

Population Served	Minimum Number of Samples Per Month
25 to 1,000 *	1
1,001 to 2,500	2
2,501 to 3,300	3
3,301 to 4,100	4
4,101 to 4,900	5
4,901 to 5,800	6

5,801 to 6,700	7
6,701 to 7,600	8
7,601 to 8,500	9
8,501 to 12,900	10
12,901 to 17,200	15
17,201 to 21,500	20
21,501 to 25,000	25
25,001 to 33,000	30
33,001 to 41,000	40
41,001 to 50,000	50
50,001 to 59,000	60
59,001 to 70,000	70
70,001 to 83,000	80
83,001 to 96,000	90
96,001 to 130,000	100
130,001 to 220,000	120
220,001 to 320,000	150
320,001 to 450,000	180
450,001 to 600,000	210
600,001 to 780,000	240
780,001 to 970,000	270
970,001 to 1,230,000	300
1,230,001 to 1,520,000	330
1,520,001 to 1,850,000	360
1,850,001 to 2,270,000	390
2,270,001 to 3,020,000	420
3,020,001 to 3,960,000	450
3,960,001 or more	480

* Includes public water supplies which have not less than 15 service connections, but which serve fewer than 25 persons.

(3) If a community water system that serves 25 to 1,000 persons does not have a history of total coliform contamination in its current configuration and a sanitary survey conducted in the past 5 years shows that the system is supplied solely by a protected groundwater source and is free of sanitary defects, the department may reduce the monitoring frequency specified in table 1 of this rule, except that the department shall not reduce the monitoring frequency to less than 1 sample per quarter. To be valid, the reduced monitoring frequency shall be approved, in writing, by the department.

(4) Suppliers of water for all community water systems and noncommunity water systems shall collect samples at regular time intervals throughout the monitoring period, except for those groundwater supplies which serve fewer than 4,901 persons and which are not influenced by surface water. Groundwater suppliers that serve fewer than 4,901 persons may collect all required samples on a single day if the samples are taken from different sites.

R 325.10710 Collection and analysis of samples for inorganic chemicals.

Rule 710. (1) Suppliers of water of community water systems and noncommunity water systems shall collect water samples and cause analyses to be made for inorganic chemicals to determine compliance with the state drinking water standards as set forth in R 325.10604c. Suppliers shall monitor at the time designated by the department during each compliance period.

(2) The department may require samples to be collected and analyzed at a prescribed frequency for inorganic chemicals for type III public water supplies.

(3) Beginning in the initial compliance period, suppliers of community water systems and nontransient, noncommunity water systems shall monitor under this rule to determine compliance with the MCLs for inorganic contaminants outlined in R 325.10604c. Beginning in the initial compliance period, suppliers of transient, noncommunity water systems shall monitor under this rule to determine compliance with the nitrate, nitrite, and total nitrate and nitrite MCLs in R 325.10604c.

(4) Suppliers shall monitor as follows:

(a) Suppliers of water from groundwater systems shall take a minimum of 1 sample at every entry point to the distribution system representative of each well after treatment. The supplier shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b) Suppliers of water from surface water systems, or combined surface water and groundwater systems, shall take a minimum of 1 sample at every entry point to the distribution system after any application of treatment or in the distribution system at a sampling point that is representative of each source after treatment. The supplier shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(c) If a system draws water from more than 1 source and the sources are combined before distribution, the supplier shall sample at an entry point to the distribution system during periods when water is representative of all sources being used.

(d) The total number of samples that shall be analyzed to meet the requirements of this rule may be reduced by the department when compositing of samples is utilized. Provisions for compositing of samples are as follows:

(i) Composite samples from a maximum of 5 sampling points are allowed.

(ii) Compositing of samples shall be done in the laboratory.

(iii) If the concentration in the composite sample is greater than or equal to 1/5 of the MCL of any inorganic chemical, then a follow-up sample shall be collected within 14 days from each sampling point included in the composite. These samples shall be analyzed for the contaminants that exceeded 1/5 of the MCL in the composite sample.

(iv) Compositing shall only be performed using samples from within a single water system.

(v) If duplicates of the original sample taken from each sampling point used in the composite are available, then the supplier may use these instead of resampling. The duplicates shall be analyzed and the results reported to the department within 14 days of collection.

(5) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be as follows:

(a) Suppliers of water of groundwater systems shall take 1 sample at each sampling point during each compliance period. Suppliers of water of surface water systems or combined surface water and groundwater systems shall take 1 sample annually at each sampling point.

(b) A supplier of water may apply to the department for a waiver from the monitoring frequencies specified in subdivision (a) of this subrule. The department may grant a waiver for monitoring cyanide if the department determines the system is not vulnerable due to the lack of any industrial source of cyanide. Waiver provisions are as follows:

(i) A supplier shall take a minimum of 1 sample while the waiver is effective.

(ii) The term during which a waiver is effective shall not be more than 1 compliance cycle.

(iii) A waiver may be granted if a surface water supplier has monitored annually for not less than 3 years or a groundwater supplier has conducted not less than 3 rounds of monitoring. At least 1 sample shall have been taken since January 1, 1990. Both surface and groundwater suppliers shall demonstrate that all previous analytical results were less than the MCL. Supplies that use a new water source are not eligible for a waiver until 3 rounds of monitoring from the new source have been completed.

(iv) The department shall consider all of the following factors to determine the appropriate reduced monitoring frequency:

(A) Reported concentrations from all previous monitoring.

(B) The degree of variation in reported concentrations.

(1) Groundwater pumping rates.

(2) The system's configuration.

(3) The system's operating procedures.

(4) Stream flows or characteristics.

(v) A waiver shall be in writing and shall set forth the basis for the determination. The determination may be initiated by the department or upon an application by the public water supplier specifying the basis for its request. The department may revise the determination based on new data.

(c) Suppliers of systems exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after the violation occurred. The department may decrease the quarterly monitoring requirement to the frequencies specified in subdivisions (a) and (b) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not less than 2 quarterly samples and a surface water supplier shall take not less than 4 quarterly samples before the department's determination.

(6) The monitoring frequency conducted to determine compliance with the MCL in R 325.10604c for asbestos shall be as follows:

(a) Suppliers of each community water system and nontransient, noncommunity water system shall monitor for asbestos during the first 3-year compliance period of each 9-year compliance cycle beginning in the compliance period starting January 1, 1993.

(b) If the supplier believes its water is not vulnerable to either asbestos contamination in its source water or asbestos contamination due to corrosion of asbestos-cement pipe, or both, it may apply to the department for a waiver of the monitoring requirement in subdivision (a) of this subrule. If the department grants the waiver, the supplier is not required to monitor. A waiver remains in effect until the completion of the 3-year compliance period. The department may grant a waiver based on a consideration of both of the following factors:

(i) Potential asbestos contamination of the water source.

(ii) The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

(c) A supplier of a system vulnerable to asbestos contamination due solely to the corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(d) A supplier of a system vulnerable to asbestos contamination due solely to source water shall monitor under subrule (4) of this rule.

(e) A supplier of a system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take 1 sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(f) A supplier of a system exceeding the MCLs in R 325.10604c shall monitor quarterly beginning in the next quarter after a violation occurred.

(g) The quarterly monitoring requirement may be decreased by the department to the frequency specified in subdivision (a) of this subrule if the department determines that the system is reliably and consistently below the MCL. A groundwater supplier shall take a minimum of 2 quarterly samples and a surface water or combined surface water and groundwater supplier shall take a minimum of 4 quarterly samples before this determination.

(h) If monitoring data collected after January 1, 1990, are generally consistent with the requirements of this subrule, then that data may be used to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(7) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrate shall be as follows:

(a) Community water systems and nontransient, noncommunity water systems served by groundwater systems shall be monitored annually. Systems served by surface water shall be monitored quarterly.

(b) For community water systems and nontransient, noncommunity water systems, the repeat monitoring frequency for groundwater systems shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The sampling frequency for groundwater systems may be reduced by the department to annually after 4 consecutive quarterly samples are reliably and consistently less than the MCL.

(c) For community water systems and nontransient, noncommunity water systems, the department may allow a surface water supplier to reduce the sampling frequency to annually if all analytical results from 4 consecutive quarters are less than 50% of the MCL. A surface water supplier shall return to quarterly monitoring if any 1 sample is 50% or more of the MCL.

(d) Suppliers of transient, noncommunity water systems shall monitor annually.

(e) After the initial round of quarterly sampling is completed, suppliers of community water systems and nontransient, noncommunity water systems that are monitored annually shall take subsequent samples during the quarter or quarters which previously resulted in the highest analytical result.

(8) The monitoring frequency conducted to determine compliance with the MCLs in R 325.10604c for nitrite shall be as follows:

(a) A supplier of a community water system or a noncommunity water system shall take 1sample at each sampling point in the compliance period beginning January 1, 1993, and ending December 31, 1995.

(b) After the initial sample, suppliers of systems where an analytical result for nitrite is less than 50% of the MCL shall monitor at the frequency specified by the department.

(c) The repeat monitoring frequency for a system shall be quarterly for at least 1 year following any 1 sample in which the concentration is 50% or more of the MCL. The department may allow a supplier to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.

(d) Suppliers monitoring annually shall take each subsequent sample during the quarter or quarters that previously resulted in the highest analytical result.

(9) Confirmation samples are required as follows:

(a) Where the results of sampling for any of the following indicate a level that is more than the MCL, the department may require that 1 additional sample be collected as soon as possible after the initial sample was taken, but not more than 2 weeks later, at the same sampling point:

(i) Asbestos.

(ii) Antimony. (iii)Barium.

(iv) Beryllium.

(v) Cadmium.

(vi) Chromium. (vii)Cyanide.

(viii) Fluoride.

(ix) Mercury.

(x) Nickel.

(xi) Selenium.

(xii) Thallium.

(b) Where nitrate or nitrite sampling results indicate a level that is more than the MCL, the supplier shall take a confirmation sample within 24 hours of the supplier's receipt of notification of the analytical results of the first sample. Suppliers that are unable to comply with the 24-hour sampling requirement shall immediately notify the persons served by the area served by the public water system under part 4 of these rules and shall analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.

(c) If a confirmation sample required by the department is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system's compliance under R 325.10604c(2), (3), (4), and (5). Results of obvious sampling errors may be deleted by the department.

(d) The department may require more frequent monitoring than specified in this rule or may require confirmation samples for positive or negative results.

(e) Suppliers may apply to the department to conduct more frequent monitoring than the minimum monitoring frequencies specified in this rule.

R 325.10710a Monitoring requirements for lead and copper in tap water.

Rule 710a. (1) Sample site location provisions for lead and copper monitoring in tap water are as follows:

(a) By the applicable date for the commencement of monitoring under subrule (4)(a) of this rule, each supplier shall complete a materials evaluation of its distribution system to identify a pool of targeted sampling sites that is in compliance with the requirements of this rule and that is large enough to ensure that the supplier can collect the number of lead and copper tap samples required under subrule (3) of this rule. All sites from which first draw samples are collected shall be selected from the pool of targeted sampling sites. Sampling sites may include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants only if the devices have been approved by the department for the purpose of optimizing corrosion control.

(b) A supplier shall use the information on lead, copper, and galvanized steel that it is required to collect under 40 C.F.R. §141.42(d), December 5, 1994, (Special Monitoring for Corrosivity Characteristics) when conducting a materials evaluation. When an evaluation of the information collected under 40 C.F.R. §141.42(d), is insufficient to locate the requisite number of lead and copper sampling sites that are in compliance with the targeting criteria in this subrule, the supplier shall review the sources of information listed in paragraphs (i) to (iii) of this subdivision to identify a sufficient number of sampling sites. The provisions of 40 C.F.R. §141.42(d), December 5, 1994, are adopted by reference. The adopted material is available from the Superintendent of Documents at the address in R 325.10116(b) for a cost of $47.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a). In addition, the supplier shall collect all of the following information, where

possible, in the course of its normal operations, for example, checking service line materials when reading water meters or performing maintenance activities:

(i) All plumbing codes, permits, and records in the files of the building department or departments that indicate the plumbing materials installed within publicly and privately owned structures connected to the distribution system.

(ii) All inspections and records of the distribution system that indicate the material composition of the service connections connecting a structure to the distribution system.

(iii) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, that indicates locations which may be particularly susceptible to high lead or copper concentrations.

(c) The sampling sites selected for a community water system's sampling pool (tier 1 sampling sites) shall consist of single-family structures to which either or both of the following provisions apply:

(i) The structures contain copper pipes soldered with lead and installed after 1982 or that contain lead pipes.

(ii) The structures are served by a lead service line. When multiple-family residences comprise not less than 20% of the structures served by a system, the supplier may include these types of structures in its sampling pool.

(d) For a community water system that has insufficient tier 1 sampling sites, the sampling pool shall be completed with tier 2 sampling sites, that consist of buildings, including multiple-family residences to which either or both of the following provisions apply:

(i) The structures contain copper pipes soldered with lead and installed after 1982 or that contain lead pipes.

(ii) The structures are served by a lead service line.

(e) For a community water system that has insufficient tier 1 and tier 2 sampling sites, the sampling pool shall be completed with tier 3 sampling sites, that consist of single-family structures containing copper pipes soldered with lead and installed before 1983. The supplier of a community water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

(f) The sampling sites selected for a nontransient, noncommunity water system (tier 1 sampling sites) shall consist of buildings to which either or both of the following provisions apply:

(i) The structures contain copper pipes soldered with lead and installed after 1982 or that contain lead pipes.

(ii) The structures are served by a lead service line.

(g) The supplier of a nontransient, noncommunity water system that has insufficient tier 1 sites shall complete its sampling pool with sampling sites containing copper pipes soldered with lead and installed before 1983. If additional sites are needed to complete the sampling pool, the supplier of a nontransient noncommunity water system shall use representative sites throughout the distribution system. For purposes of this subrule, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

(h) If a distribution system contains lead service lines, the supplier shall draw 50% of the samples collected during each monitoring period from sites that contain lead pipes or copper pipes with lead solder and 50% of the samples from sites served by a lead service line. A supplier that cannot identify a sufficient number of sampling sites that are served by a lead service line shall collect first-draw tap samples from all of the sites identified as being served by lead service lines and shall complete its sampling pool in compliance with subdivisions (c) to (g) of this subrule.

(2) Sample collection methods provisions for lead and copper monitoring in tap water are as follows:

(a) All tap samples for lead and copper collected in compliance with this subrule, with the exception of lead service line samples collected under R 325.10604f(5)(c), and samples collected under subdivision (e) of this subrule, shall be first-draw samples.

(b) Each first-draw tap sample for lead and copper shall be 1 liter in volume and have stood motionless in the plumbing system of each sampling site for not less than 6 hours. First-draw samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a nonresidential building shall be 1liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected instead of first-draw samples pursuant to subdivision (e) of this subrule shall be 1 liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the supplier or the supplier may allow residents to collect first-draw samples after instructing the residents about the sampling procedures specified in this subdivision. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample shall stand in the original container for the time specified in the approved epa method before the sample can be analyzed. If a supplier allows residents to perform sampling, the supplier shall not challenge the accuracy of the sampling results based on alleged errors in sample collection.

(c) Each service line sample shall be 1 liter in volume and have stood motionless in the lead service line for not less than 6 hours. Lead service line samples shall be collected in 1 of the following 3 ways:

(i) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line.

(ii) Tapping directly into the lead service line.

(iii) If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

(d) A supplier shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the supplier cannot gain entry to a sampling site to collect a follow-up tap sample, the supplier may collect the follow-up tap sample from another sampling site in its sampling pool.

(e) The supplier of a nontransient noncommunity water system, or a community water system that meets the criteria of R 325.10410(8)(a) and (b), that does not have enough taps that can supply first-draw samples, as defined in R 325.10105(d), may apply to the department, in writing, to substitute non-first-draw samples. The supplier shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The department has the discretion to waive the requirement for prior department approval of non-first-draw sample sites selected by the supplier, either through department regulation or written notification to the supplier.

(3) Suppliers shall collect at least 1 sample during each monitoring period specified in subrule (4) of this rule from the number of sites listed in the standard monitoring column under this subrule. A supplier that conducts reduced monitoring under subrule (4)(d) of this rule shall collect at least 1 sample from the number of sites specified in the reduced monitoring column under this subrule during each monitoring period specified in subrule (4)(d) of this rule. The reduced monitoring sites shall be representative of the sites required for standard monitoring. The department may specify sampling locations when a system is conducting reduced monitoring.

System Size (Number of People Served)	Number of Sites (Standard Monitoring)	Number of Sites (Reduced Monitoring)
More than 100,000	100	50
10,001 to 100,000	60	30
3,301 to 10,000	40	20
501 to 3,300	20	10
101 to 500	10	5
Fewer than 101	5	5

(4) Provisions for the timing of monitoring for lead and copper in tap water are as follows:

(a) The first 6-month monitoring period for small, medium-size, and large water systems shall begin on the following dates:

System Size First 6-Month

(Number of People Served) Monitoring Period Begins On

More than 50,000 January 1, 1992

3,301 to 50,000 July 1, 1992

Fewer than 3,301 July 1, 1993

All large water systems shall be monitored during 2 consecutive 6-month periods. All small and medium-size water systems shall be monitored during each 6-month monitoring period until either of the following occurs:

(i) The system exceeds the lead or copper action level and the supplier is therefore required to implement the corrosion control treatment under R 325.10604f(2), in which case the supplier shall continue monitoring under subdivision (b) of this subrule.

(ii) The system is in compliance with the lead and copper action levels during 2 consecutive 6-month monitoring periods, in which case the supplier may reduce monitoring under subdivision (d) of this subrule.

(b) Monitoring provisions after the installation of corrosion control and source water treatment are as follows:

(i) The supplier of a large water system that installs optimal corrosion control treatment under R 325.10604f(2)(d)(iii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(d)(iv).

(ii) The supplier of a small or medium-size water system that installs optimal corrosion control treatment under R 325.10604f(2)(e)(v) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(2)(e)(vi).

(iii) A supplier that installs source water treatment under R 325.10604f(4)(a)(ii) shall monitor during 2 consecutive 6-month monitoring periods by the date specified in R 325.10604f(4)(a)(iii).

(c) After the department specifies the values for water quality control parameters, the supplier shall monitor during each subsequent 6-month monitoring period, with the first monitoring period to begin on the date the department specifies the optimal values.

(d) Reduced monitoring provisions are as follows:

(i) The supplier of a small or medium-size water system that is in compliance with the lead and copper action levels during each of 2 consecutive 6-month monitoring periods may reduce the number of samples under subrule (3) of this rule and may reduce the frequency of sampling to once each year.

(ii) A supplier of a small, medium-size, or large water system that maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department during each of 2 consecutive 6-month monitoring periods may reduce the frequency of monitoring for lead and copper at the tap to once each year and reduce the number of lead and copper samples under subrule (3) of this rule if it receives written approval from the department.

(iii) The supplier of a small or medium-size water system that is in compliance with the lead and copper action levels during 3 consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every 3 years. A supplier of a small, medium-size, or large water system that maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department during 3 consecutive years of monitoring may reduce the frequency of monitoring for lead and copper at the tap from annually to once every 3 years if it receives written approval from the department.

(iv) A supplier who reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subrule (1) of this rule. A supplier who samples annually or less frequently shall conduct the lead and copper tap sampling during the month of June, July, August, or September unless the department has approved a different sampling period under subparagraph (A) of this paragraph, as follows:

(A) The department, at its discretion, may approve a different period for conducting the lead and copper tap sampling for suppliers collecting a reduced number of samples. The period shall be no longer than 4 consecutive months and shall represent a time of normal operation where the highest levels of lead are most likely to occur. For a nontransient noncommunity water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the department shall designate a period that represents a time of normal operation for the system.

(B) Suppliers monitoring annually that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Suppliers monitoring triennially that have been collecting samples during the months of June through September, and receive department approval to alter the sampling collection period under subparagraph (A) of this paragraph, shall collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling shall be collected annually or triennially, as required by this subrule. Suppliers of small water systems with waivers, granted under subrule (7) of this rule, that have been collecting samples during the months of June through September and that received department approval to alter their sample collection period under subparagraph (A) of this paragraph shall collect their next round of samples before the end of the 9-year cycle.

(v) A supplier that demonstrates for 2 consecutive 6-month monitoring periods that the tap water lead level computed under R 325.10604f(1)(c) is less than or equal to 0.005 mg/l and the tap water copper level computed under R 325.10604f(1)(c) is less than or equal to 0.65 mg/l may reduce the number of samples under subrule (3) of this rule and reduce the frequency of sampling to once every 3 calendar years.

(vi) The following provisions apply to supplies subject to reduced monitoring:

(A) The supplier of a small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling under subdivision (c) of this subrule and shall collect the number of samples specified for the standard monitoring under subrule (3) of this rule. The supplier shall also conduct water quality parameter monitoring under R 325.10710b(4), (5), or (6), as appropriate, during the monitoring period in which the system exceeded the action level. The supplier may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed

2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (i) of this subdivision or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision.

(B) If a system subject to the reduced monitoring frequency fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the department for more than 9 days in a 6-month period specified in R 325.10710b(6), the supplier shall conduct tap water sampling for lead and copper at the frequency specified in subdivision (c) of this subrule, collect the number of samples specified for standard monitoring under subrule (3) of this rule, and shall resume monitoring for water quality parameters within the distribution system under R325.10710b(6). The supplier may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(1) The supplier may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subrule (3) of this rule after it has completed 2 subsequent 6-month rounds of monitoring that meet the criteria of paragraph (ii) of this subdivison and the supplier has received written approval from the department to resume reduced monitoring on an annual frequency.

(2) The supplier may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (iii) or (v) of this subdivision and the supplier has received written approval from the department to resume triennial monitoring.

(3) The supplier may reduce the number of water quality parameter tap water samples required under R 325.10710b(7)(a) and the frequency with which it collects the samples under R325.10710b(7)(b). The supplier may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, under the requirements of R 325.10710b(7)(b), that it has requalified for triennial monitoring.

(vii) For a system subject to a reduced monitoring frequency under subdivision (d) of this subrule, if the supplier either adds a new source of water or changes the water treatment, it shall inform the department in writing under R 325.10710d(1)(a)(iii). The department may require the supplier to resume sampling under subdivision (c) of this subrule and collect the number of samples specified for standard monitoring under subrule (3) of this rule or take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.

(5) The results of monitoring conducted in addition to the minimum requirements of this rule shall be considered in calculating the ninetieth percentile lead or copper level.

(6) A sample invalidated under this subrule does not count toward determining lead or copper ninetieth percentile levels under R 325.604f(1)(c) or toward meeting the minimum monitoring requirements of subrule (3) of this rule. All of the following provisions apply to invalidating samples:

(a) The department may invalidate a lead or copper tap water sample if at least 1 of the following conditions is met:

(i) The laboratory establishes that improper sample analysis caused erroneous results.

(ii) The department determines that the sample was taken from a site that did not meet the site selection criteria of this rule.

(iii) The sample container was damaged in transit.

(iv) There is substantial reason to believe that the sample was subject to tampering.

(b) The supplier shall report the results of all samples to the department and all supporting documentation for samples the supplier believes should be invalidated.

(c) To invalidate a sample under subdivision (a) of this subrule, the decision and the rationale for the decision shall be documented in writing. The department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

(d) The supplier shall collect replacement samples for the samples invalidated under this rule if, after the invalidation of 1 or more samples, the supplier has too few samples to meet the minimum requirements of subrule (3) of this rule. The replacement samples shall be taken as soon as possible, but not later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

(7) The supplier of a small water system that meets the criteria of this subrule may apply to the department to reduce the frequency of monitoring for lead and copper under this rule to once every 9 years, that is, a "full waiver", if it meets all of the materials criteria specified in subdivision (a) of this subrule and all of the monitoring criteria specified in subdivision (b) of this subrule. If a small water system meets the criteria in subdivisions (a) and (b) of this subrule only for lead, or only for copper, the supplier may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only, that is, a "partial waiver".

(a) The supplier shall demonstrate that its distribution system and service lines and all drinking water system plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials or copper-containing materials, or both, as those terms are defined in this subdivision, as follows:

(i) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead, that is, a "lead waiver", the supplier shall provide certification and supporting documentation to the department that the system is free of all lead-containing materials and that the system complies with both of the provisions in this paragraph. Lead-free is defined in the international plumbing code, 2000 edition, which is adopted by reference in R 407.30701.

(A) The system does not contain plastic pipes that contain lead plasticizers or plastic service lines that contain lead plasticizers.

(B) The system is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of standards established pursuant to "Prohibition on Use of Lead Pipes, Solder, and Flux: Plumbing Fittings and Fixtures" 42 U.S.C. 300G-6(e), which are adopted by reference. The adopted material is available from the Superintendent of Documents at the address in R 325.10116(b) for a cost of $56.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).

(ii) To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper, that is, a "copper waiver", the supplier shall provide certification and supporting documentation to the department that the system does not contain copper pipes or copper service lines.

(b) The supplier shall have completed at least 1 6-month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by subrule (3) of this rule and demonstrate that the ninetieth percentile levels for all rounds of monitoring conducted since the system became free of all lead-containing or copper-containing materials, or both, as appropriate, meet the following criteria:

(i) To qualify for a full waiver or a lead waiver, the supplier shall demonstrate that the ninetieth percentile lead level does not exceed 0.005 mg/l.

(ii) To qualify for a full waiver or a copper waiver, the supplier shall demonstrate that the ninetieth percentile copper level does not exceed 0.65 mg/l.

(c) The department shall notify the system of its waiver determination, in writing setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the supplier to perform specific activities, for example, limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver, to avoid the risk of lead or copper concentration of concern in tap water. The supplier shall continue monitoring for lead and copper at the tap as required by subdivisions (a) through (d) of this subrule, as appropriate, until it receives written notification from the department that the waiver has been approved.

(d) Monitoring frequencies for supplies with waivers are as follows:

(i) For a system with a full waiver, the supplier shall conduct tap water monitoring for lead and copper under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites identified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule for both lead and copper to the department along with the monitoring results.

(ii) For a system with a partial waiver, the supplier shall conduct tap water monitoring for the waived contaminant under subrule (4)(d)(iv) of this rule at the reduced number of sampling sites specified in subrule (3) of this rule at least once every 9 years and provide the materials certification specified in subdivision (a) of this subrule pertaining to the waived contaminant along with the monitoring results. The supplier also shall continue to monitor for the non-waived contaminant under requirements of subrule (4)(a) through (d) of this rule, as appropriate.

(iii) For a system with a full or partial waiver, if the supplier adds a new source of water or changes the water treatment, it shall notify the department, in writing, under R 325.10710d(a)(iii). The department has the authority to require the supplier to add or modify waiver conditions, for example, require recertification that the system is free of lead-containing or copper-containing materials, or both, require additional round or rounds of monitoring, if it considers the modifications are necessary to address treatment or source water changes at the system.

(iv) For a system with a full or partial waiver, if the supplier becomes aware that the system is no longer free of lead-containing or copper-containing materials, as appropriate, for example, as a result of new construction or repairs, the supplier shall notify the department, in writing, not later than 60 days after becoming aware of the change.

(e) If the supplier continues to satisfy the requirements of subdivision (d) of this subrule, the waiver will be renewed automatically, unless a condition listed in paragraphs (i) through (iii) of this subdivision occurs. For a system whose waiver has been revoked, the supplier may reapply for a waiver if it again meets the appropriate materials and monitoring criteria of subdivisions (a) and (b) of this subrule. The waiver is revoked if any of the following conditions exist:

(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subdivision (a)(i) of this subrule or has a ninetieth percentile lead level of more than 0.005 mg/l.

(ii) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of subdivision (a)(ii) of this subrule or has a ninetieth percentile copper level of more than 0.65 mg/l.

(iii) The department notifies the supplier, in writing setting forth the basis of its decision, that the waiver has been revoked.

(f) A system whose full or partial waiver has been revoked by the department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

(i) If the system exceeds the lead or copper action level, or both, the supplier shall implement corrosion control treatment under the deadlines specified in R 325.10604f(2)(e) and other applicable requirements of this part.

(ii) If the system meets both the lead and the copper action level, the supplier shall monitor for lead and copper at the tap not less frequently than once every 3 years using the reduced number of sample sites specified in subrule (3) of this rule.

(g) Small water system waivers approved by the department, in writing, before April 11, 2000, shall remain in effect if the supplier has demonstrated that the system is both free of lead-containing and copper-containing materials, as required by subdivision (a) of this subrule, and that the system's ninetieth percentile lead levels and ninetieth percentile copper levels meet the criteria of subdivision (b) of this subrule, and that the supplier continues to meet the waiver eligibility criteria of subdivision (e) of this subrule. The first round of tap water monitoring conducted pursuant to subdivision (d) of this subrule shall be completed not later than 9 years after the last time the supplier has monitored for lead and copper at the tap.

R 325.10710b Monitoring requirements for supplies exceeding lead and copper action levels.

Rule 710b. (1) The requirements of this rule are summarized in table 1 of this rule. Suppliers of the following systems shall monitor for water quality parameters in addition to lead and copper under this rule:

(a) Large water systems.

(b) Small and medium-size water systems that exceed the lead or copper action level.

(2) Sample collection methods provisions are as follows:

(a) Tap samples shall be representative of water quality throughout the distribution system taking all of the following factors into account:

(i) The number of persons served.

(ii) The different sources of water.

(iii) The different treatment methods employed by the supplier.

(iv) Seasonal variability.

Tap sampling under this subdivision is not required to be conducted at taps targeted for lead and copper sampling under R 325.10710a(1).

(b) Samples collected at the entry point or points to the distribution system shall be from locations that are representative of each source after treatment. If a system draws water from more than 1 source and the sources are combined before distribution, the supplier shall sample at an entry point to the distribution system during periods of normal operating conditions, for example, when water is representative of all sources being used.

(3) The number of samples a supplier is required to collect are as follows:

(a) A supplier shall collect 2 tap samples for applicable water quality parameters during each monitoring period specified in subrules (4) to (7) of this rule from the following number of sites:

System Size (Number of People Served)	Number of Sites for Water Quality Parameters
More than 100,000	25
10,001 to 100,000	10
3,301 to 10,000	3
501 to 3,300	2
101 to 500	1
Fewer than 101	1

(b) Except as provided in subrule (5)(c) of this rule, a supplier shall collect 2 samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in

subrule (4) of this rule. During each monitoring period specified in subrules (5) to (7) of this rule, a supplier shall collect 1 sample for each applicable water quality parameter at each entry point to the distribution system.

(4) The supplier of a large water system shall measure the applicable water quality parameters, at the locations specified in the following subdivisions at taps and at each entry point to the distribution system during each 6-month monitoring period specified in R 325.10710a(4)(a). The supplier of a small or medium-size water system shall measure the applicable water quality parameters at the locations specified in the following subdivisions during each 6-month monitoring period, as specified in R 325.10710a(4)(a), that the system exceeds the lead or copper action level:

(a) At taps, a sample for each of the following:

(i) pH.

(ii) Alkalinity.

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used.

(iv) Silica, when an inhibitor containing a silicate compound is used.

(v) Calcium.

(vi) Conductivity.

(vii) Water temperature.

(b) At each entry point to the distribution system, a sample for each of the applicable parameters that are listed in subdivision (a) of this subrule.

(5) The supplier of a large water system that installs optimal corrosion control treatment under R 325.10604f(2)(d)(iii) shall measure the water quality parameters at the locations and frequencies specified in this subrule during each 6-month monitoring period specified in R 325.10710a(4)(b)(i). The supplier of a small or medium-size water system who installs optimal corrosion control treatment shall measure the water quality parameters at the locations specified in the following subdivisions during each 6-month monitoring period, as specified in R 325.10710a(4)(b)(ii), that the system exceeds the lead or copper action level:

(a) At taps, 2 samples for each of the following:

(i) pH.

(ii) Alkalinity.

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used.

(iv) Silica, when an inhibitor containing a silicate compound is used.

(v) Calcium, when calcium carbonate stabilization is used as part of the corrosion control.

(b) Except as provided in subdivision (c) of this subrule, at each entry point to the distribution system, at least 1 sample no less frequently than every 2 weeks for each of the following:

(i) pH.

(ii) When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity and a reading of the alkalinity concentration.

(iii) When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used and a reading of the concentration of orthophosphate or silica, whichever is applicable.

(c) A supplier of a ground water system may limit entry point sampling described in subdivision (b) of this subrule to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the supplier shall monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Before the start of the monitoring under this subdivision, the supplier shall provide to the department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(6) After the department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment, the supplier of a large water system shall measure the applicable water quality parameters under subrule (5) of this rule and determine compliance with the requirement of R 325.10604f(3)(f) every 6 months with the first 6-month period to begin on the date the department specifies the optimal values. The supplier of a small or medium-size water system shall measure the applicable water quality parameters under subrule (5) of this rule during each 6-month period, as specified in this subrule that the system exceeds the lead or copper action level. For the small or medium-size water system subject to a reduced monitoring frequency pursuant to R 325.10710a(4)(d) when the action level is exceeded, the end of the applicable 6-month period under this subrule shall coincide with the end of the applicable monitoring period under R 325.10710a(4)(d). Compliance with department-designated optimal water quality parameter values shall be determined as specified under R 325.10604f(3)(f).

(7) Reduced monitoring provisions are as follows:

(a) A supplier that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of 2 consecutive 6-month monitoring periods under subrule (6) of this rule shall continue monitoring applicable water quality parameters at the locations and frequencies specified in subrule (5) of this rule. The supplier may reduce the number of sites from which it monitors during each 6-month monitoring period to the following:

System Size (Number of People Served)	Reduced Number of Sites For Water Quality Parameters
More than 100,000	10
10,001 to 100,000	7
3,301 to 10,000	3
501 to 3,300	2
101 to 500	1
Fewer than 101	1

(b) Reduced monitoring frequency provisions are as follows:

(i) A supplier that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department during 3 consecutive years of monitoring specified in this subdivision may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subdivision (a) of this subrule from every 6 months to annually. A supplier that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department during 3 consecutive years of annual monitoring specified in this subdivision may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subdivision (a) of this subrule from annually to every 3 years.

(ii) A supplier may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in subdivision (a) of this subrule to every 3 years if it demonstrates during 2 consecutive monitoring periods that its tap water lead level at the ninetieth percentile is less than or equal to the PQL for lead specified in 40 C.F.R §141.89(a)(1)(ii), as adopted by reference in R 325.10605, that its tap water copper level at the ninetieth percentile is less than or equal to 0.65 mg/l for copper in R325.10604f(3)(f), and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department.

(c) A supplier that conducts sampling annually shall collect the samples evenly throughout the year to reflect seasonal variability.

(d) The supplier of a system subject to the reduced monitoring frequency who fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the department for more than 9 days in a 6-month period specified in R 325.10604f(3)(f) shall resume distribution system tap water sampling under the number and frequency requirements specified in subrule (6) of this rule. The supplier may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subdivision (a) of this subrule after it has completed 2 subsequent consecutive 6-month rounds of monitoring that meet the criteria of that subdivision or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subdivision (b)(i) or (ii) of this subrule.

(8) Additional monitoring provisions are as follows:

(a) The results of monitoring conducted in addition to the minimum requirements of this rule shall be considered in determining the concentrations of water quality parameters.

(b) A supplier that fails to meet the lead action level based on tap samples collected under R 325.10710a shall offer to arrange for sampling the tap water of a customer who requests sampling. The supplier is not required to pay for collecting or analyzing the sample and is not required to collect and analyze the sample.

(9) Table 1 of this rule reads as follows:

Table 1 Summary of Monitoring Requirements for Water Quality Parameters – Lead, Copper, Corrosion Control1

Monitoring Period	Parameters2		Location	Frequency
Initial monitoring	pH, orthophosphate	alkalinity, or silica3,	Taps and at entry point or points to distribution	6 months

After installation of corrosion control

calcium, conductivity, temperature

system

Taps Every 6 months

Entry point or points to distribution system6

No less frequently than every 2 weeks

After department specifies parameter values for optimal corrosion control

pH, alkalinity,

Taps Every 6 months

Entry point or points to Distribution system6

No less frequently than every 2 weeks

Reduced monitoring PH, alkalinity,

orthophosphate or silica3, calcium4

Taps Every 6 months annually7 or every 3 years 8 at a reduced number of sites

pH, alkalinity dosage rate and concentration (if alkalinity adjusted control), inhibitor dosage rate and inhibitor residual5

Entry point or points to distribution system6

No less frequently than every 2 weeks

1 Table is for illustrative purposes; consult the text of this part for precise regulatory requirements.

2 Suppliers of small and medium-size water systems shall monitor for water quality parameters during monitoring periods in which the system exceeds the lead or copper action level.

3 Orthophosphate shall be measured when an inhibitor containing a phosphate compound is used. Silica shall be measured when an inhibitor containing silicate compound is used.

4 Calcium shall be measured when calcium carbonate stabilization is used as part of corrosion control.

5 Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) shall be measured when an inhibitor is used.

6 Ground water suppliers may limit monitoring to representative locations throughout the system.

7 Suppliers may reduce frequency of monitoring for water quality parameters at the tap from every 6 months to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of monitoring.

8 Suppliers may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every 3 years if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of annual monitoring. Suppliers may accelerate to triennial monitoring for water quality parameters at the tap if they have maintained ninetieth percentile lead levels less than or equal to 0.005 mg/l, ninetieth percentile copper levels less than or equal to 0.65 mg/l, and the range of water quality parameters designated by the department as representing optimal corrosion control during 2 consecutive 6-month monitoring periods.

R 325.10710c Monitoring requirements for lead and copper in source water.

Rule 710c. (1) Sample location, collection methods, and number of samples required for lead and copper monitoring in source water are as follows:

(a) The supplier of a system that fails to meet the lead or copper action level based on tap samples collected under R325.10710a shall collect lead and copper source water samples under the following requirements regarding sample location, number of samples, and collection methods:

(i) Suppliers of ground water systems shall take a minimum of 1 sample at every entry point to the distribution system which is representative of each well after treatment, hereafter called a sampling point. The supplier shall take 1 sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Suppliers of surface water systems shall take a minimum of 1 sample at every entry point to the distribution system after the application of treatment or in the distribution system at a point which is representative of each source after treatment, hereafter called a sampling point. The supplier shall take each sample at the same

sampling point unless conditions make another sampling point more representative of each source or treatment plant. For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources.

(iii) If a system draws water from more than 1 source and the sources are combined before distribution, the supplier shall sample at an entry point to the distribution system during periods of normal operating conditions, that is, when water is representative of all sources being used.

(b) If the results of sampling, taken to determine compliance with R 325.1064f(4)(b)(iv), indicate an exceedance of the maximum permissible source water levels established by the department, then the department may require that 1 additional sample be collected as soon as possible after the initial sample was taken, but not more than 2 weeks later, at the same sampling point. If a department-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation samples shall be averaged to determine compliance with the department-specified maximum permissible levels. A sample value below the detection limit shall be considered to be zero. A value above the detection limit, but below the PQL, shall either be considered as the measured value or be considered 1/2 of the PQL.

(2) The supplier of a system that exceeds the lead or copper action level at the tap shall collect 1 source water sample from each entry point to the distribution system within 6 months after the action level is exceeded.

(3) A supplier that installs source water treatment under R 325.10604f(4)(a)(ii) shall collect an additional source water sample from each entry point to the distribution system during 2 consecutive 6-month monitoring periods by the deadline specified in R 325.10604f(4)(a)(iii).

(4) The following provisions apply to the monitoring frequency after the department specifies maximum permissible source water levels or determines that source water treatment is not needed:

(a) A supplier shall monitor to determine compliance with R 325.10604f(4)(b)(iv) at the frequency specified in the following paragraphs where the department specifies maximum permissible source water levels or determines that the supplier is not required to install source water treatment:

(i) A supplier of only groundwater shall collect samples once during the 3-year compliance period, as defined in R 325.10103, that is in effect when the applicable department determination under this subdivision is made. The supplier shall collect samples once during each subsequent compliance period.

(ii) A supplier of surface water or a combination of surface water and groundwater shall collect samples once during each year. The first annual monitoring period shall begin on the date on which the applicable department determination is made under this subdivision.

(b) A supplier is not required to conduct source water sampling for lead or copper if the system is in compliance with the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subdivision (a)(i) and (ii) of this subrule.

(5) Reduced monitoring frequency provisions are as follows:

(a) A supplier of only groundwater may reduce the monitoring frequency for lead and copper in source water to once during each 9-year compliance cycle, as defined in R 325.10103 if the system meets 1 of the following criteria:

(i) The supplier demonstrates that finished drinking water entering the distribution system has been maintained below the department specified maximum permissible lead and copper concentrations as required in R 325.10604f(4)(b)(iv) during not less than 3 consecutive compliance periods under subrule (4)(a) of this rule.

(ii) The department has determined that source water treatment is not needed and the supplier demonstrates that, during not less than 3 consecutive compliance periods in which sampling was conducted under subrule (4)(a) of this rule, the concentration of lead in source water was less than or equal to 0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(b) The supplier of surface water or a combination of surface water and groundwater may reduce the monitoring frequency in subrule (4)(a) of this rule to once during each 9-year compliance cycle, as defined in R 325.10103 if the system meets either of the following criteria:

(ii) The department has determined that source water treatment is not needed and the supplier demonstrates that, during not less than 3 consecutive years, the concentration of lead in source water was less than or equal to

0.005 mg/l and the concentration of copper in source water was less than or equal to 0.65 mg/l.

(c) A system that uses a new source of water is not eligible for reduced monitoring for lead or copper until concentrations in samples collected from the new source during 3 consecutive monitoring periods are below the department-specified maximum permissible lead and copper concentrations as required in R 325.10604f(4)(a)(iv).

R 325.10710d Reporting requirements for lead, copper, and corrosion control.

Rule 710d. A supplier shall report all of the following information to the department under this rule:

(a) Reporting provisions for tap water monitoring for lead and copper and for water quality parameter monitoring are as follows:

(i) Except as provided in subparagraph (G) of this paragraph, a supplier shall report the information specified in this paragraph for all tap water samples specified in R 325.10710a and for all water quality parameter samples specified in R 325.10710b within the first 10 days after the end of each applicable monitoring period specified in R 325.10710a and R 325.10710b, for example, every 6-months, annually, every 3 years, or every 9 years:

(A) The results of all tap samples for lead and copper, including the location of each site and the criteria in R 325.10710a(1)(c), (d), (e), (f), or (g) used to select the site for the system's sampling pool.

(B) Documentation for each tap water lead or copper sample for which the supplier requests invalidation pursuant to R 325.10710a(6)(b).

(C)The ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, calculated in compliance with the provisions of R 325.10604f(1)(c)(i), unless the department calculates the system's ninetieth percentile lead and copper levels under subdivision (h) of this subrule.

(D) With the exception of initial tap sampling conducted under R 325.10710a(4)(a), a supplier shall designate sites not sampled during previous monitoring periods and include an explanation of why sampling sites have changed.

(E) The results of all tap samples for pH and, where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under R 325.10710b(b) to (e).

(F) The results of all samples collected at the entry point or points to the distribution system for applicable water quality parameters under R 325.10710b(b) to (e).

(G) A supplier shall report the results of all water quality parameter samples collected under R 325.10710b(5) through (8) during each 6-month monitoring period specified in R 325.10710b(6) within the first 10 days following the end of the monitoring period, unless the department has specified a more frequent reporting requirement.

(ii) For a nontransient noncommunity water system, or a community water system meeting the criteria of R 325.10410(8)(a) and (b), that does not have enough taps that can provide first-draw samples, the supplier shall do either of the following as appropriate:

(A) Provide written documentation to the department identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under R 325.10710a(2)(e) by the start of the first applicable monitoring period under R 325.10710a(4) that commences after April 11, 2000, unless the department has waived prior department approval of non-first-draw sample sites selected by the supplier pursuant to R 325.10710a(2)(e).

(B) If the department has waived prior approval of non-first-draw sample sites selected by the supplier, identify, in writing, each site that did not meet the 6-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to R 325.10710a(2)(e) and include this information with the lead and copper tap sample results submitted pursuant to subdivision (a)(i) of this subrule.

(iii) Not later than 60 days after the addition of a new source or a change in water treatment, unless the department requires earlier notification, a supplier considered to have optimized corrosion control under R 325.10604f(2)(b), a system subject to reduced monitoring pursuant to R 325.10710a(4)(d), or a system subject to a monitoring waiver pursuant to R 325.10710a(7) shall send written documentation to the department describing the change. If prior department approval of the treatment change or new source is not required, suppliers are encouraged to provide the notification to the department beforehand to minimize the risk the treatment change or new source will adversely affect optimal corrosion control.

(iv) The supplier of a small water system applying for a monitoring waiver under R 325.10710a(7), or subject to a waiver granted pursuant to R 325.10710a(7)(c), shall provide all of the following information to the department, in writing, by the specified deadline:

(A) By the start of the first applicable monitoring period in R 325.10710a(4), the supplier of a small water system applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of R 325.10710a(7)(a) and (b).

(B) Not later than 9 years after the monitoring previously conducted pursuant to R 325.10710a(7)(b) or R 325.10710a(7)(d)(i), the supplier of a small water system desiring to maintain its monitoring waiver shall provide the information required by R 325.10710a(7)(d)(i) and (ii).

(C) Not later than 60 days after the supplier becomes aware that the system is no longer free of lead-containing or copper-containing material, or both, as appropriate, the supplier of a small water system with a monitoring waiver shall provide written notification to the department, setting forth the circumstances resulting in the lead-containing or copper-containing materials, or both, being introduced into the system and what corrective action, if any, the supplier plans to remove these materials.

(v) For each ground water system that limits water quality parameter monitoring to a subset of entry points under R 325.10710b(5)(c), the supplier shall provide, by the commencement of the monitoring, written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(b) Source water monitoring provisions are as follows:

(i) A supplier shall report the sampling results for all source water samples collected under R 325.10710c within the first 10 days after the end of each source water monitoring period, for example, annually, per compliance period, or per compliance cycle, specified in R 325.10710c.

(ii) With the exception of the first round of source water sampling conducted under R 325.10710c(2), a supplier shall specify sites that were not sampled during previous monitoring periods and include an explanation of why the sampling points have changed.

(c) A supplier shall report the following corrosion control treatment information to the department by the applicable dates specified in R 325.10604f(2):

(i) For a supplier that has already optimized corrosion control, the information required in R 325.10604f(2)(b)(ii) or (iii).

(ii) For a supplier required to optimize corrosion control, the supplier's recommendation regarding optimal corrosion control treatment under R 325.10604f(3)(a).

(iii) For a supplier that is required to evaluate the effectiveness of corrosion control treatments under R 325.10604f(3)(c), the information required by R 325.10604f(3)(c).

(iv) For a supplier required to install optimal corrosion control designated by the department under R 325.10604f(3)(d), documentation certifying that the supplier has completed installing the optimal corrosion control.

(d) A supplier shall provide the following source water treatment information to the department by the applicable dates specified in R 325.10604f(4):

(i) If required under R 325.10604f(4)(b)(i), the supplier's recommendation regarding source water treatment.

(ii) For a supplier required to install source water treatment under R 325.10604f(4)(b)(ii), documentation certifying that the supplier has completed installing the treatment designated by the department within 24 months after the department designated the treatment.

(e) A supplier shall report all of the following lead service line replacement information to the department to demonstrate compliance with the requirements of R 325.10604f(5):

(i) Within 12 months after a system exceeds the lead action level in sampling referred to in R 325.10604f(5)(a), the supplier shall submit a written report to the department that demonstrates the supplier has conducted a materials evaluation, including the evaluation specified in R 325.10710a(1), to identify the initial number of lead service lines in its distribution system and shall provide the department with the supplier's schedule for replacing annually not less than 7% of the initial number of lead service lines in its distribution system.

(ii) Within 12 months after a system exceeds the lead action level in sampling referred to in R 325.10604f(5)(a), and every 12 months thereafter, the supplier shall submit a written report to the department that demonstrates the supplier has complied with either of the following requirements:

(A) Replaced, in the previous 12 months, not less than 7% of the initial lead service lines, or a greater number of lines specified by the department under R 325.10604f (4), in its distribution system.

(B) Conducted sampling demonstrating that the lead concentration in all service line samples from an individual line or lines, taken under R 325.10710a(2)(c), is less than or equal to 0.015 mg/l. In those cases, the total number of lines that were replaced or that meet the criteria specified in R 325.10604f(5)(c), or both, shall equal not less than 7% of the initial number of lead lines identified under subdivision (a) of this rule or the percentage specified by the department under R 325.10604f (4).

(iii) The annual documentation submitted to the department under paragraph (ii) of this subdivision, which shall contain all of the following information:

(A) The number of lead service lines scheduled to be replaced during the previous year of the system's replacement schedule.

(B) The number and location of each lead service line replaced during the previous year of the system's replacement schedule.

(C) If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

(iv) At the request of the department, a supplier that collects lead service line samples following partial lead service line replacement required by R 325.10604f(5) shall report the results to the department as specified in R 325.10734(1). Suppliers shall also report additional information as specified by the department under R 325.11505(2) to verify that all partial lead service line replacement activities have taken place.

(f) A supplier shall provide the following public education reporting information to the department:

(i) If a system is subject to the public education requirements in R 325.10410, the supplier shall, within 10 days after the end of each period in which the supplier is required to perform public education tasks under R 325.10410(2), send written documentation to the department that contains both of the following:

(A) A demonstration that the supplier has delivered the public education materials that meet the content requirements in R 325.10410(1) and the delivery requirements in R 325.10410(2) and (3).

(B) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the supplier delivered public education materials during the period in which the supplier was required to perform public education tasks.

(ii) Unless required by the department, a supplier that previously has submitted the information required by paragraph (i)(B) of this subdivision need not resubmit the information required by paragraph (i)(B) of this subdivision, if there have been no changes in the distribution list and the supplier certifies that the public education materials were distributed to the same list submitted previously.

(g) A supplier that collects sampling data in addition to that required by this part shall report the results to the department within the first 10 days following the end of the applicable monitoring period specified in R 325.10710a, R 325.10710b, and R 325.10710c during which the samples are collected.

(h) A supplier is not required to report the ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by subrule (1)(a)(i)(D) of this rule if both of the following provisions are satisfied:

(i) The department has previously notified the supplier that it will calculate the system's ninetieth percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to paragraph (ii)(A) of this subdivision, and has specified a date before the end of the applicable monitoring period by which the supplier shall provide the results of lead and copper tap water samples.

(ii) The supplier has provided the following information to the department by the date specified in paragraph (i) of this subdivision:

(A) The results of all tap samples for lead and copper including the location of each site and the criteria under R 325.10710a(1)(c), (d), (e), (f), or (g), under which the site was selected for the system's sampling pool, pursuant to subdivision (a)(i) of this subrule.

(B) An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed.

(iii) The department has provided the results of the ninetieth percentile lead and copper calculations, in writing, to the supplier before the end of the monitoring period.

R 325.10716 Collection and analysis of samples for VOCs.

Rule 716. (1) Beginning with the initial compliance period, suppliers of water of community and nontransient, noncommunity public water supplies shall collect samples and cause analyses to be made according to the provisions of this rule for volatile organic chemicals to determine compliance with the state drinking water standards listed in R 325.10604b. Each supplier shall monitor at the time designated by the department within each compliance period. The department may increase required monitoring where necessary to detect variations within a water system.

(2) For transient, noncommunity and type III public water supplies, the department may require samples to be collected and analyzed at prescribed frequencies for organic chemicals.

(3) Suppliers of groundwater systems shall take a minimum of 1 sample at every entry point to the distribution system that is representative of each well after treatment. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(4) Suppliers of surface water systems or combined surface water and groundwater systems shall take a minimum of 1 sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment. Each sample shall be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(5) If the system draws water from more than 1 source and the sources are combined before distribution, the system shall be sampled at an entry point to the distribution system during periods of normal operating conditions when water that is representative of all sources is being used.

(6) Suppliers of each community water system and nontransient, noncommunity water system shall take 4 consecutive quarterly samples for each contaminant, except for vinyl chloride, that is listed in R 325.10604b during each compliance period, beginning in the initial compliance period. Suppliers that use grandfathered samples and that did not detect any VOCs listed in R 325.10604b, table 6.2, shall, beginning with the initial compliance period, monitor annually under subrule (7) of this rule.

(7) If the initial monitoring has been completed by December 31, 1992, and the supplier did not detect any contaminant listed in R 325.10604b, then each groundwater and surface water supplier shall take 1sample annually beginning with the initial compliance period.

(8) After a supplier has performed annual sampling for not less than 3 years, the department may allow a groundwater supplier that has not previously detected any contaminant that is listed in R 325.10604b to take 1 sample during each compliance period.

(9) Suppliers of each community water system and nontransient noncommunity groundwater system that do not detect, at or above 0.0005 milligrams per liter, a contaminant listed in R 325.10604b may apply to the department for a waiver from portions of the requirements of subrules (6) and (7) of this rule after completing the initial monitoring. A waiver shall be effective for not more than 6 years. The department may also issue waivers to small systems for the initial round of 1,2,4 trichlorobenzene monitoring.

(10) The following factors will be evaluated to determine if a waiver will be granted:

(a) Knowledge of previous use, including transport, storage, or disposal, of the contaminant within the watershed or zone of influence of the system. A supplier is not eligible for waiver if it is determined that previous use of the contaminant within the watershed or zone of influence has occurred.

(b) If previous use of the contaminant is unknown or the contaminant has been used previously, then all of the following factors shall be used to determine whether a waiver is granted:

(i) Previous analytical results.

(ii) The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities or from hazardous and municipal waste landfills and other waste-handling or treatment facilities.

(iii) The environmental persistence and transport of the contaminants.

(iv) The number of persons who are served by the public water system and the proximity of a smaller system to a larger system.

(v) How well the water source is protected against contamination, such as whether it is a surface water or groundwater system. Groundwater supplies shall consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water supplies shall consider watershed protection.

(11) As a condition of a waiver, a groundwater supplier shall take 1 sample at each sampling point during the time the waiver is effective and update its vulnerability assessment considering the factors listed in subrule (10) of this rule. If the department does not reconfirm that the system is nonvulnerable based on this vulnerability assessment within 3 years of the initial determination, then the waiver is invalidated and the supplier is required to sample annually as specified in subrule (7) of this rule.

(12) Suppliers of each community water system and nontransient noncommunity surface water system that do not detect a contaminant listed in R 325.10604b may apply to the department for a waiver from the requirements of subrule (7) of this rule after completing the initial monitoring. Suppliers of Systems that do not detect a contaminant listed in R 325.10604b shall be determined by the department to be nonvulnerable based on a vulnerability assessment, considering the factors listed in subrule (10) of this rule, during each compliance period. Each supplier that receives a waiver shall sample at the frequency specified by the department.

(13) If a contaminant, other than vinyl chloride, listed in R 325.10604b is detected at a level more than 0.0005 milligrams per liter in any sample, then all of the following provisions apply:

(a) The supplier shall monitor quarterly at each sampling point that resulted in a detection.

(b) The department may decrease the quarterly monitoring requirement specified in subdivision (a) of this subrule if it has determined that the system is reliably and consistently below the MCL. A groundwater supplier shall take not less than 2 quarterly samples and a surface water supplier shall take not less than 4quarterly samples for this determination.

(c) If the department determines that the system is reliably and consistently below the MCL, the department may allow the supplier to monitor annually. Suppliers that monitor annually shall monitor during the quarter or quarters that previously yielded the highest analytical result.

(d) Suppliers that conduct 3 consecutive annual samples and do not detect a contaminant may apply to the department for a waiver as specified in subrule (9) of this rule.

(e) Groundwater suppliers that detect 1 or more of the following 2-carbon organic compounds shall monitor quarterly for vinyl chloride:

(i) Trichloroethylene.

(ii) Tetrachloroethylene.

(iii) 1,2-dichloroethane.

(iv) 1,1,1-trichloroethane.

(v) cis-1,2-dichloroethylene.

(vi) trans-1,2-dichloroethylene.

(vii) 1,1-dichloroethylene. A vinyl chloride sample shall be taken at each sampling point at which 1 or more of the 2-carbon organic compounds were detected. If the results of the first analysis do not detect vinyl chloride, the department may reduce the quarterly monitoring frequency of vinyl chloride monitoring to 1 sample during each compliance period. Surface water suppliers shall monitor for vinyl chloride as specified by the department.

(14) Suppliers that violate the requirements of R 325.10604b shall monitor quarterly. After not less than 4 consecutive quarterly samples that show the system is in compliance with R 325.10604b and the department determines the system is reliably and consistently below the MCL, the supplier may monitor at the frequency and time specified in subrule (13)(c) of this rule.

(15) The department may require a confirmation sample for positive or negative results. If a confirmation sample is required by the department, the result shall be averaged with the first sampling result and the average shall be used for the compliance determination as specified by R 325.10604b. The department may delete results of obvious sampling errors from the calculation.

(16) The department may reduce the total number of samples a supplier shall analyze by allowing the use of compositing when the population served by the system is more than 3,300 persons. Composite samples from not more than 5 sampling points within a single water system are allowed if the detection limit of the method used for analysis is less than 1/5 of the MCL. Compositing of samples shall be done in the laboratory and analyzed within 14 days of sample collection. All of the following provisions apply to compositing:

(a) If the concentration in the composite sample is more than or equal to 0.0005 milligrams per liter for any contaminant listed in R325.10604b, then a supplier shall take a follow-up sample within 14 days from each sampling point included in the composite and shall analyze the sample.

(b) If duplicates of the original sample taken from each sampling point used in the composite are available, the supplier may use these instead of resampling. A supplier shall analyze the duplicate and shall report the results to the department within 14 days of collection.

(c) The method for compositing samples specified in the provisions of 40 C.F.R. part 141, paragraph 141.24(f)(14)(iv) and (v), May 4, 2000, is adopted by reference. The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $47.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).

R 325.10717b Special monitoring.

Rule 717b. (1) Unregulated contaminant monitoring requirements are contained in 40 C.F.R. §141.40. The department adopts by reference 40 C.F.R. §141.40 (January 11, 2001). The adopted material is available from the superintendent of documents at the address in R 325.10116(b) for a cost of $47.00 at the time of adoption of these rules. The adopted material is available for inspection, or copies are available at no cost from the offices of the department at the address in R 325.10116(a).

(2) All of the following provisions apply to sodium monitoring:

(a) A supplier of water for a community water system shall collect and analyze 1 sample per plant at the entry point to the distribution system to determine sodium concentration levels. Samples shall be collected and analyzed annually for a system that utilizes surface water sources in whole or in part and not less than once every 3 years for a system that utilizes solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may be considered 1 treatment plant for determining the minimum number of samples.

(b) The supplier of water shall report to the department the results of the analyses for sodium as required in R 325.10734(1). If the department requires more than annual sampling, then the supplier shall report the average sodium concentration as required in R 325.10734(1) after taking the last sample used for the annual average.

(c) The supplier shall notify the local health department of the sodium levels within 3 months in writing. The supplier shall send a copy of the written notice to the state within 10 days of its issuance. The supplier is not required to send written notice to the local health department when the department provides the notice instead of the supplier.

(3) An analysis for a contaminant or parameter listed in this rule shall be conducted only by laboratories certified to conduct that analysis under part 27 of these rules or approved by the United States EPA.

R 325.10734 Required reporting to the department.

Rule 734. (1) Unless otherwise specified in this part, a supplier of water shall report to the department the results of a measurement or analysis required by this part within the first 10 days of the month following the month in which the results are received, or within the first 10 days following the end of the required monitoring period, whichever is sooner.

(2) Unless otherwise specified in these rules, a supplier of water shall report, to the department, within 48 hours, failing to comply with a state drinking water standard or other requirement under these rules, including failing to comply with a monitoring requirement under this part.

(3) A supplier of water shall not be required to report analytical results to the department in cases where the department laboratory performs the analysis and reports the results to the department.

(4) A public water system, upon discovering that a waterborne disease outbreak that is potentially attributable to that water system has occurred, shall report that occurrence to the department as soon as possible, but not later than the end of the next business day.

R 325.10736 Rescinded.

R 325.10738 Rescinded.

Document Information

Rules:: R325.10103
R325.10105
R325.10116
R325.10410
R325.10604
R325.10605
R325.1064
R325.10705
R325.10710
R325.10716
R325.10717
R325.10734
R325.10736
R325.10738
R325.11505
R325.604
R407.30701